The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-10-27
Supreme judicial Court.
LIRBY PRESIDING

Inhabitants of Belmont VS.. Inhabitants of Vinal-
haven An action to for pauper supplies fur
nishc'l Daniel Shirley The case opened last Thurs
day morning and closed Friday noon. Messrs Ware
and CaderwoOd, selectmen of Ninalhaven, were
present and the town was ably defended by Charles
+. Lttlefield Esq. of Rockland. Belmonts inter-
csts were well looked after by W. H. Fogler, Esq.
of Belfast, and the was an interesting one all
through The amount sued for was S.9.l6, but the
great question was to fix the pauper's residence.
The plf1s say that Daniel shirley, now 16 years of
age, came to Belmont from New Hampshire with
his parents when he was eight years Old and con-
tnued Il resident of that town until 1850 when he
became a resident of Ninall.aven by living there
five years successfully. Mr. Shirley never married.
In 1892 his parents died. lie went to Ninahaven
to spend his summers returning to Belmont in the
fall, but in the spring Of 1860 went to Ninalhaven
aud remained for more than five years, with the
exception of occasional visits to Belmont, Massa-
chusetts and elsewhere. One summer was spent
in Matncus during having. In the fall of 1860 he
returned to Belmont and lived with his sister, but
went back to Vinalhaven in the spring, and since
that time has been back and forth between the two
places. The pfls. claim that lie gained pauper
residence in Nnalhaven since which time he has
ccncc2-lirs that shirley did not gain residence
III Einahaycn between the year 1850 and 1865, and
if he did he has since rcgainc residence in Bel
mont. 1t was admitted that Shirley was Il resident
of Belmont up 10 lsGo The ,lefts. say that Shirley
never had any home except at Belmont. lie worked
at Sc, crai places, but always returned to his home
in belmont. When he came To Vinalhavcn in 1850
he had lao intention of abandoning his Belmont
BON. I've,
lstn to 1860 he claimed Belmont his home and
when he went to that place said he was going
home to Belmont. That since that time he had re
gained his residence at Belmont, that he had been
taxed and had voted in Belmont for five successive
years, am. had been an officer in that town.
Shirley, who the principal witness, said it
| was his intention to gain residence at Nina-
haven while he lived there from 1860 to 1850, and
that when he spoke of Belmont as his home lie
meant his former home. Verdict for Belmont for
ss3.4o. Exceptions fe'l. Fogler for PHI. Little
| field for def.
W. c. Marshall vs.. Joseph l.. Wi;hcrly. Belfast
parties. An action to Sl62l2 balance due
for rent. In 1853 deft. rented from pin the Thur
low house, so-calc,l, for one year, at $ll5 per
year. Before the expiration Of the year the deft.
| bought house and moved out, but left his son-in-
| law, l. V. Miller, iii the Thurlow house Miller
remained there until Jan. 1856. The pin. ignored
| Miller tenant and claimed that deft is rcspon-
| sible. Def. says that when lie moved ont he told
pin. that Miller would continue and plff. said "All
| right He thought everything was satisfactory.
| Miller testified that he made bargain with pltf.
| for the house at Si25 per year, with the under
standing that if pl1f. could get more he would
move out. Miller paid one quarters rent and claim
Ell that he put $50 worth of repairs on house. Yer
dict for pin. for Sla5.13. Fogler for pin. Thomp-
| son for delft.
Eli Coaon W.. ". F. Black. scarspor parties
Action to recover S73.7s, balance due for wages
| PHI. says he agreed to work for def. year at
$50 per month and - per week in lieu of board
Deft. denied contract and put in a bin in set-om
Verdict for pin. i'll the sum of Sis.s4. Rnnnels fol
| pifr. Fogler for def.
Franklin Treat VS. John Maxwell. Action on ::
Judgment rendered in Knox county. The defence
was that the record of judgment was insufficient
The court sustained the record and awarded judg
ment for amount of claim. Deft. accepted. Viii
hanson for plf. Fogler for deft
Amos W. Kendall vs.. Joseph Ham, jackson par
ties. A real action TO determine a boundary line
Amos W. Kendall vs. Joseph Ham. An actor
for trespass.
BY agreement these cases were tried together, a
| the same issues were involved. The boundary lin,
between the farms of the parties were in dispute
and the respass consisted in the dcft. cutting gras
| upon the land in dispute. The land in question i
Il strip of nine rods wide and fifty rods long, con
| tanning about three acres. Each claimed to have
title The case was Il complicated one, as all fou
of the original monuments have long been obliter
ated. Verdict for pin. in both actions In the mat
ter Of trespass the damages We're assessed at 81
Thompson 4 Dunton for pff. Foslcr for def.
Alonzo +. Davis W. Nancy NJ. Edwards. Jack
| son parties An action on Il covenant broken
pm SAYS he bought land of deft taking warran
tee deed. The decd WAS written on qnitclai
blank, but the maker claimed that it was warran
tee deed. Subsequently the PIN. paid Il claim o
nearly : 100 against the property. The dcft. dene,
the covenant and only conveyed the right tile an'
interest in the property. The court ordered 4 non
suit Brown for plfi. Williamson for delft.
j. t. Thompson l.. a. Dow An action TO
an alleged violation Of Chapter 40, Section 49, /.
- relating to the fishery law. This is the mos
important action that has before the cotil
the present term and is one of Il large number o
similar cases the docket. The section mention
ed provides that between the first day of April an'
the fifteenth day of July there shall he Il week.
close time OF f"ityei"ht hours from sunrise o
each Saturday morning to sunrise Oh, the following
Monday morning during which no salmon, shat,
aieWiNes, or bass, shall he taken. During thi
time all nets and movable apparatus, etc, shall b
taken from the Water. The concluding portion o
the section says 'Ths section does not apply t.
the kenncbec, An,roscoggn on IenolScot river
or their tributaries" The deft. lives ON Sears o
| Isl in nd * NO
of three salmon weirs. The PIN. is MIR. j. l.
Thompson, of Newcastle fish warden Tie al
leses that the dctt. violated the above law in no
opening lis wcirS during this weekly close tim
and put in several witnesses who testified that tin
weirs were not 50 opened. The dcft neither admit
or denies this fact, and, as the counsel said il
opening. the main question at issue is whelhe
Sears Island i, in the waters of Penobscot Bay o
river If the island is the bay then the Law
has been violated. IL not, then the delft i
Eot liable. The question of the river IL ba
boundary is matter not definitely settled
Tie PIN. put in a large n;lmber Of charts
and maps, histories, governments documents saz
ateers, &c, tending to prove that Pcnobsco
river begins at Fort Point. The ,.ett. produce,
documents, charts, government reports, maps, &c
as many as three men could bring in, going t.
show that i'enobscot river extends below Scar
Island. Mr.. Williamson is his opening read eN
tracts from the voyage of George Weymouth VIII
visited this section in 1905 who described the rive
as beginning at what is now Owls Head Old chart
and books were produced which verified thes
statements 4 United States report of buovs i
numbering the buoys in renobscot river begins +
number them ut point below Sears Island Nor
documentary evidence was produced to show tina
, the river was below Sears Island than there wa
to show it to be above Fort Point Many of the oil
, documents designated Turtle Head as the begin
ing of Penobscot Bay.
, After the evidence was out the case was take
from the jury and it goes to the law court on l.,
port. Pierce for PIN. Williamson and Fogler 70
deft
The Grand jury completed its labors Saturla
and reported in the afternoon. The following il
dictments were found:
Frank NJ. West, Belfast assault and battery.
Robert Ward and Irwin Knowlton, of Belfast
assault and battery.
James Mcdonald, breaking and entering at Burr
ham.
II. Frank Pierce, Belfast, common nuisance.
Abner G. Gilmore, Belfast, common nuisance
two for single sale of intoxicating liquors, eac
second offence; common seller of intoxicatin
liquor second offence.
John Dorr. Frankfort nuisance and single sal